Posted
by
timothyon Monday September 24, 2012 @02:30AM
from the awkward-in-auckland dept.

First time accepted submitter karit writes with this excerpt from Scoop News: "Prime Minister John Key today announced he has requested an inquiry by the Inspector-General of Intelligence and Security into the circumstances of unlawful interception of communications of certain individuals by the Government Communications Security Bureau. Mr Key says the Crown has filed a memorandum in the High Court in the Megaupload case advising the Court and affected parties that the GCSB had acted unlawfully while assisting the Police to locate certain individuals subject to arrest warrants issued in the case. The Bureau had acquired communications in some instances without statutory authority."

Dotcom is just fortune that he is like a jabillionaire. Or, rather, if the government(s) don't screw him over, he's theoretically a jabillionaire. If he weren't, he would quickly be an example for all to cower over (which he sort of is, anyway, I guess) or he would be swiftly disappeared. If any of us where in his situation, sans the riches and connections, we would be totally and utterly fucked.

If any of us where in his situation, sans the riches and connections, we would be totally and utterly fucked.

Absolutely.
But still, two wrongs may make somewhat of a right here. He was probably illegally arrested and because he has bribed half the government someone might actually look into that. That seems like a good outcome, even if it happens for a wrong reason.

I'm sure this was just a cry for karma but I suppose I'll try and set a few things straight, anyway.

1) The Inspector General of Intelligence and Security is elected by the Prime Minister and Opposition Leader jointly. The office responds to public enquiry and has a very large amount of power; the IGIS must also be a required High Court Judge. Both the PM and the leader of the opposition receive IGIS' annual report. They have full and unrestricted access to all facilities, files, or intercept regardless of source or classification. IGIS also has the right to demand an individual or group for questioning and detain non-responders.

2) It is pretty unlikely that there are one or two wrongdoers in GCSB at fault for the intercept the PM has asked IGIS to investigate. If I had to guess it was collect that should have been discarded (i.e., NZ citizens and/or in support of law enforcement, which is not GCSB's mission and in fact they are specifically disallowed from supporting) that was provided to law enforcement officials upon request instead of the request being denied. The typical approach is not to send the individuals who f'd up to court for treason or something silly but there are likely to be some consequences.

Typically the agency, GCSB in this case, will pay for the transgressions and a lot of their work will come under a microscope (rightly so). The problem in cases like this is very rarely one or two individuals but some policy, law, or underhanded politics that allowed it all to happen and that's what IGIS goes after.

Same deal for DSD in Australia. I lived through a few enquiries, one or two names from the inspector generals office will drop by the GCSB for coffee and biscuits in the board room then be on their way. What you say is exactly what is supposed to happen. It never does though. The people that gave the green light on this will never even speak to IGIS, the guys and girls that dialed in the intercept system will keep pulling 12 hour shifts as if nothing happened. IGIS is toothless by choice.

Arrest warrant is a legal order to put someone in handcuffs, therefore it is not possible to act unlawfully while assisting police in the preparation and execution of an arrest.

Of course it possible to act illegally. All it would take is for the GCSB to assist police by deliberately intercepting domestic communications of a permanent resident in order to locate the individual, an act prohibited by Section 14 of the relevant Act [legislation.govt.nz]. (Dotcom was granted permanent NZ residency in Nov 2010) The GSCB could have placed an interception device on a network without an appropriate interception warrant, an act prohibited by section 15 of the Act. If they have done these things then they must held to account.

i think the ac post was parody, at least I hope the paragraph talking about power of shema....anyhow, the whole case was handled in the US fashion where it was assumed that he'd go for a plea bargain in which case none of the stuff the authorities matter since the plea bargain would clear them of everything.

The other big news in New Zealand related to Kim Dotcom got a very different reaction from the Prime Minister

John Banks ran for the may of Auckland a few years ago and lost. Dotcom and a few others say that he asked Dotcom for a campaign contribution, and then that it should be two lots of $25000 rather than one donation of $50000 because "I want to help you Kim and I can help you more effectively if no-one knows about this donation". Dotcom's security guard late said that Banks confirmed the cheques had been cleared.

Banks later signed the declaration about campaign contributions saying that those (and others) were anonymous. He claims that some staffer filled in the form and that he wasn't responsible even though he signed it. He also can't remember flying to and from Dotcom's mansion in Dotcom's helicopter.

Banks is now the only remaining Member of Parliament for the Association of Consumers and Taxpayers party, having been added to the party shortly before the last election in their only safe seat. Well, it was safe. That party was the most libertarian-leaning in New Zealand. Banks isn't quite that, and any remaining ACT party members probably aren't quite so happy that he is leading changes that look set to spend taxpayer money on schools that teach creationism.

The police have said that they can't charge him with some things as the statute of limitations has passed, and can't prove other things. Dotcom is talking to the media as much as he can, and going to parliament for photo ops. The police have released their file but say that Banks won't allow his statements to be included. Banks says that was the police's decision.

Anyway his one vote is needed by the government so the Prime Minister is saying that he accepts Bank's word that he didn't break the law. He refuses to read the police file.

John Banks isn't really necessary for the government. There are 121 seats, National (the main governing party) holds 59, ACT (John Banks) 1. Parties with which National could reasonably do deals to pass legislation (or even negotiate a coalition with) are New Zealand First (8 seats), Maori Party (3 seats), United Future (1 seat.) So they could distance themselves from John Banks and still continue to govern as an effective minority government. The opposition Labour Party effectively lead a minority coalition government in this way for years.

If the PM cuts Banks free then he will either have to rely on the Maori Party for support of legislation, that would be make for a difficult 2 years with the water-rights issue etc boiling away. It would give Pita Sharples a chance to prove he is not senile though.

So the NZ equivalent of NSA/CIA (if you're American) or GCHQ/SOCA (if you're British) helped the US govt nail sombody over a file sharing site?

We have various loony groups running all around the world killing people, we have organised crime making gazillions out of drugs, racketeering and people trafficking, but hey, lets focus on Kim Dotcom and nail a fucking file sharing site. Big woopy doo, oh, and lets not even do it by the book, lets do all the processes wrong so they look like complete cunts and get found out.

If I was the bloody Prime Minister I'd go ballistic not just because they helped the US govt out, not just because they did it illegally but because they were fucking morons in how they did it.

Anyway, it's early in the morning, I haven't had enough (or any) coffee.

I have a strong suspicion that New Zealand does not have much of "loony groups running all around the world killing people" or other things you have mentioned. Not that it's an excuse for co-operating with US while breaking local laws, but I am sure, it's better than sending people abroad to hunt terrists, run overblown war on drugs, or helping organized crime by fighting other organized crime.

Don't worry, your tax money is also being spent to aid terrorism and organized crime. Normally none of this is done in accordance with any law or court so these people are in unfamiliar territory. Lesson learned: should have just killed the fat bastard.

It is good to know that signal intelligence agencies everywhere bend and break the law of their own countries. Not because it is good, but because I now know that no country's communications are truly safe.

The way this National government is going, they are ensuring that the IT industry and the computer geek populace won't be voting for them in the next general election. First the three-strikes internet downloading law, then the Dotcom debacle, and now the government's backtracking on their original anti-software patent stance. All three are seemingly in response to US influence (and most obviously in the case of Dotcom). The NZ Pirate Party and even the Greens are starting to look like good choices.

The only real flaw in Pirate Party policy is the abolition of copyright. Also, they would do well to rename themselves to something like the Electronic Freedom Party as the word Pirate has too many negative connotations.